Csr Building Products Limited Trading AS Csr Bradford Insulation

[2025] FWCA 3450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Csr Building Products Limited Trading AS Csr Bradford Insulation

(AG2025/3322)

CSR BRADFORD INSULATION INGLEBURN AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 15 OCTOBER 2025

Application for approval of the CSR Bradford Insulation Ingleburn Agreement 2025

An application has been made for approval of an enterprise agreement known as the CSR Bradford Insulation Ingleburn Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by CSR Building Products Limited trading as CSR Bradford Insulation (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives were sought in relation to the undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that pursuant to clause 3 of the Agreement, the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 August 2029

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the matter of CSR Building Products Limited trading as CSR Bradford Insulation was heard. The company sought approval for the CSR Bradford Insulation Ingleburn Agreement 2025, which aimed to establish a new enterprise agreement. The dispute involved the terms of the proposed agreement, with objections raised by some employees and unions. The court was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the court encompassed the compliance of the proposed agreement with the Fair Work Act, including whether the agreement had been made in good faith, whether it met the "better off overall test," and whether the necessary procedural requirements were satisfied. The court needed to assess if the agreement provided for fair and reasonable terms and conditions of employment and if it was made without coercion, duress, or other forms of unfair labour practice.

The court examined the submissions and evidence presented by both CSR Building Products Limited and the objectors. It considered the procedural fairness of the bargaining process and the merits of the agreement's terms. The court found that the agreement was made in good faith and met the better off overall test, ensuring employees would not be worse off than under their previous conditions. Additionally, the court confirmed that all necessary procedural requirements were fulfilled. Consequently, the court approved the CSR Bradford Insulation Ingleburn Agreement 2025.

The final orders of the court included the approval of the CSR Bradford Insulation Ingleburn Agreement 2025, effective from the date specified in the agreement. The court also directed that the agreement be registered with the Fair Work Commission and that the employer and employees adhere to its terms. The decision was based on the court's determination that the agreement was fair, reasonable, and met all legal requirements for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established